Punishment for TennCare Fraud

The current punishment for TennCare fraud is not severe so many people commit TennCare fraud and many also get away with it. If you were arrested on the charge or charges of TennCare fraud, then you will go to court.

Preparing for the court hearing of TennCare fraud case

When you are arrested for TennCare fraud, you can go to the Department of Human Services and request your entire file. The Department of Human Services will give you all your files and you can go through them all to see if there are mistakes that can be considered their fault, not yours.

In a lot of cases, when going through your files with the Dept of Human Services, you will find mistakes, sometimes many mistakes. Common mistakes are incorrect names or work place details.

To avoid being punished for TennCare fraud that result from actions that were not yours, you should request your files at the Dept of Human Services often and always check to make sure that all your details are entered and recorded correctly. Just as credit reports can have many errors, identities can be stolen and the IRS or the Department of Social Security can have incorrect information about you, the Department of Human Services also can. And, just as any incorrect errors on your credit reports (whether your fault or not) can harm you, any incorrect records on the Human Services files can also implicate you especially if you received benefits from the state. It is your responsibility to check to make sure that incorrect items are removed and if necessary adjust the benefits received, even if it means adjusting downward and receiving less TennCare benefits. Ask lots of questions. Everyone makes mistakes and the person who was on your case may not even still be employed at the Human Services Dept when you have a problem. Keep good records, as if you are dealing with the IRS.

Punishment for TennCare fraud - probation

Emotional punishment

When you are accused of TennCare fraud, the first punishment is the emotional trauma you have to go through. Then there are complicated court process that you will have a headache dealing with.

Monetary punishment

Then if you plead guilty or no contest, there may be a court judgement against you to pay back TennCare. This can be tens of thousands of dollars depending on your TennCare fraud case that the D.A. uncovers.

Probation

Until you have paid most of the court judgement amount off, you are on probation. You can pay TennCare judgement amount off as if it were a normal loan.

Why do I get punished when the TennCare fraud was not my fault?

Even if the TennCare department messed up the paperwork and somehow gives you more money and TennCare benefits than you are eligible for, it is your fault if you don't report the overpayment and give back the money and the benefits. You can be arrested for TennCare fraud and punished for it even if all you did was staying quiet. You can also be found guilty of TennCare fraud if you just overlook the mistakes and accept the benefits.

Most of the time, when someone hands over some money, people gladly accept it without questioning where the money comes from or if they should keep the money. When they get away with keeping the money, there is no problem but the moment they get caught, they always try to find someone else to blame instead of stepping up and accepting the consequences. After all, the could have just not accept the money.